You ask whether certain information is subject to required public disclosure under
chapter 552 of the Government Code. Your request was assigned ID# 140196.

The City of Corpus Christi (the "city") received a request for all documents that relate to
possible neighborhood buyouts around Refinery Row. You will release most of the
requested information but claim that the remaining requested information is excepted from
disclosure under sections 552.107 and 552.111 of the Government Code. We have
considered the exceptions you claim and reviewed the submitted information.

Section 552.107(1) of the Government Code excepts information that an attorney cannot
disclose because of a duty to his client under the Texas Rules of Civil Evidence, the Texas
Rules of Criminal Evidence, or the Texas Disciplinary Rules of Professional Conduct. In
Open Records Decision No. 574 (1990), this office concluded that section 552.107 excepts
from public disclosure only "privileged information," that is, information that reflects either
confidential communications from the client to the attorney or the attorney's legal advice or
opinions; it does not apply to all client information held by a governmental body's attorney.
Open Records Decision No. 574 at 5 (1990). When communications from attorney to client
do not reveal the client's communications to the attorney, section 552.107(1) protects them
only to the extent that such communications reveal the attorney's legal opinion or advice.
Open Records Decision No. 574 at 3 (1990). In addition, basically factual communications
from attorney to client, or between attorneys representing the client, are not protected. Id.

At issue here is a draft of a memorandum prepared by the city attorney. You tell us that it
was used to provide advice to the city. We have reviewed the submitted document and
conclude that it constitutes attorney-client communications consisting of legal advice and
opinion; therefore, the city may withhold the entire document under section 552.107(1).
Because we find section 552.107 to be dispositive, we will not address your section 552.111
claim.

This letter ruling is limited to the particular records at issue in this request and limited to the
facts as presented to us; therefore, this ruling must not be relied upon as a previous
determination regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the
governmental body and of the requestor. For example, governmental bodies are prohibited
from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the
governmental body wants to challenge this ruling, the governmental body must appeal by
filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full
benefit of such an appeal, the governmental body must file suit within 10 calendar days.
Id. § 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the
governmental body does not comply with it, then both the requestor and the attorney general
have the right to file suit against the governmental body to enforce this ruling.
Id. § 552.321(a).

If this ruling requires the governmental body to release all or part of the requested
information, the governmental body is responsible for taking the next step. Based on the
statute, the attorney general expects that, within 10 calendar days of this ruling, the
governmental body will do one of the following three things: 1) release the public records;
2) notify the requestor of the exact day, time, and place that copies of the records will be
provided or that the records can be inspected; or 3) notify the requestor of the governmental
body's intent to challenge this letter ruling in court. If the governmental body fails to do one
of these three things within 10 calendar days of this ruling, then the requestor should report
that failure to the attorney general's Open Government Hotline, toll free, at 877/673-6839.
The requestor may also file a complaint with the district or county attorney.
Id. § 552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the
requested information, the requestor can appeal that decision by suing the governmental
body. Id. § 552.321(a); Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408,411 (Tex. App.--Austin 1992, no writ).

Please remember that under the Act the release of information triggers certain procedures for
costs and charges to the requestor. If records are released in compliance with this ruling, be
sure that all charges for the information are at or below the legal amounts. Questions or
complaints about over-charging must be directed to the General Services Commission at
512/475-2497.

If the governmental body, the requestor, or any other person has questions or comments
about this ruling, they may contact our office. Although there is no statutory deadline for
contacting us, the attorney general prefers to receive any comments within 10 calendar days
of the date of this ruling.